The Importance of Full Constitutional Complaint as the E ﬀ ective Mechanism for Restoring Human Rights in Constitutional Justice

The report is related to pointing out the advantages of full constitutional complaint and its peculiarities and characteristics. The model of full constitutional complaint contributes to the principle of responsible governance and relevant authorities. Among other advantages, full constitutional complaint is the important instrument that contributes to make courts’ best practices come together and share the experience. Establishing of the full constitutional complaint will contribute in order to increase human rights sensitivity and human rights approach in general courts system while discussing and deciding individual court cases. Besides, the full individual constitutional complaint mechanism will contribute to provoking interest towards Constitutional Court justice.


PREFACE
The limitation of government by human rights is one of the the important characteristics of democracy and rule of law in the state. The limitation of government by human rights ensures the human rights protection and guarantees them. One of the important mechanism for protecting human rights is constitutional control. Accordingly, proper protection of human rights and constitutional order is unreachable goal without effective mechanisms of constitutional control.

THE PECULIARITIES OF FULL CONSTITUTIONAL COMPLAINT
Full constitutional complaint should be considered one of the effective mechanisms for restoring violated rights. It is possible by this mechanism to constitutionally control three branches of the government and its legal acts and decisions. Human rights are violated not only by law, but also by court decisions and the actions of executive branches. Relevantly, on the national level there should exist effective mechanism for restoring violated rights and possibility that the constitutional court is able to discuss the accordance of the acts of three branches with the human rights and liberties guaranteed by the constitution. Constitutional Court should be given the possibility to discuss the constitutionality of general courts' decisions and establish violation of human rights in case it its revealed. An application at the Constitutional Court is based on the principle of subsidiarity, according to which the Court involves in the legal dispute additionally, when the legal protection mechanisms are exhausted.
The variety of models of full constitutional complaint exist in many European countries (Germany, Czech Republic, Portugal and etc.).

THE GAPS OF GEORGIAN MODEL OF THE CONSTITUTIONAL COMPLAINT
The form of constitutional control functioning in Georgia is a defective mechanism for restoring human rights. Georgian model does not give an individual the possibility to apply to the Constitutional Court on the constitutionality (in terms of human rights) of decisions taken by general courts and executive branches. Constitutional Court of Georgia cannot control the decisions of general courts in terms of human rights, also how general courts interpret human rights within the specifi ed case. We should agree with the opinion that "in the existence of "real" constitutional control, constitutional courts try its best not to violate the principle of "iura novit curia, and from the very beginning develop individual schemes of constitutional control based on basic human rights". 1

THE ADVANTAGES OF IMPLEMENTING THE FULL CONSTITUTIONAL COMPLAINT MECHANISM IN GEORGIA
The perspectives and basis of implementing "real" constitutional control was strengthened by the judgment (Apostol v. Georgia) of European Court of Human Rights 2 . In the mentioned judgment, European Court of Human Rights discussed in details about the interrelationship between constitutional justice and full constitutional complaint mechanism. According to this judgment, "real" constitutional complaints create the strong instrument for the realization of basic human rights and liberties by the Section 2 of the Georgian constitution" 3 . One of the advantages of full constitutional complaint is to promote the cooperation and the exchange of best practices between general courts and Constitutional Court. The introduction of full constitutional complaint will increase sensitivity towards human rights during case discussions and ensure the increase of interests of judges in constitutional justice. In addition, this model will promote the development of "law of judges" and substantially improves the quality of their work. Also, this model will promote the decrease of the complaints from Georgia to the European Court of Human Rights. While implementing the full constitutional complaint model, the scope of the constitutional control, permissiveness, the issue of compensation and etc. should be considered as well.

CONCLUSION
Full constitutional complaint is the effective mechanism in terms of restoring violated rights, that would give the national legal system an opportunity to protect human rights more effectively and to check the standard of protecting human rights in the general court system. The model of full constitutional complaint will increase the quality and effectiveness of the work of general courts.